but wouldn't the Posse Comitatus Act prohibit the military from operating AWACS over NYC?
Furthermore, I think Posse Comitatus (enacted in 1878, yes 18) is pretty much a "myth"http://www.homelandsecurity.org/journal/articles/trebilcock.htm
The Posse Comitatus Act has traditionally been viewed as a major barrier to the use of U.S. military forces in planning for homeland defense. In fact, many in uniform believe that the act precludes the use of U.S. military assets in domestic security operations in any but the most extraordinary situations. As is often the case, reality bears little resemblance to the myth for homeland defense planners. Through a gradual erosion of the act’s prohibitions over the past 20 years, posse comitatus today is more of a procedural formality than an actual impediment to the use of U.S. military forces in homeland defense.